The unexpected death of a loved one is a tragic occurrence for which no one is prepared. When another person or individual is to blame for your failure, the emotional toll of such a tragedy can be far more difficult to bear.
When someone dies as a result of wrongful conduct or neglect in Los Angeles, surviving family members will file a wrongful death claim in civil court. Ghozland Law Firm’s Los Angeles Wrongful Death attorney explains what can be recovered in a wrongful death case in California below.
Understand what can be recovered in California in a Wrongful Death Claim
Wrongful Death Claim: Economic Damages
As a starting point, plaintiffs in wrongful death cases are entitled to financial compensation for all real out-of-pocket economic losses, including those incurred in the past, present, and expected future. This includes, among other items, unpaid medical bills and other associated expenses;
· funeral and burial expenses;
· the lack of direct financial support, such as lost income;
· And the loss of benefits, such as insurance coverage.
Wrongful Death Claim: Non-Economic Damages
One of the factors that make wrongful death cases so difficult is that the family’s damages are almost always non-economic. The cost of psychological and emotional harm greatly outweighs any medical bill. Under California law, wrongful death compensation can be sought for the following losses:
• loss of love;
• loss of companionship;
• loss of support;
• loss of intimate relations; and
• loss of training and guidance.
There is no fixed amount.
It’s difficult to put a monetary value on these kinds of disastrous non-economic losses. There is no single, fully empirical method for determining non-economic damages in a wrongful death lawsuit, according to the California state jury instructions (CACI No. 3921). Instead, each jury member is instructed to “decide a reasonable amount based on the evidence and your common sense.” Since the standard includes individual judgment, it emphasizes the value of making a well-structured, convincing, and well-supported wrongful death claim. An attorney will assist you in documenting and demonstrating the full extent of the loss in a wrongful death case.
Dealing with the Insurance Companies
Large insurance firms manage and defend the majority of wrongful death lawsuits. Unfortunately, even though the family has suffered a horrific and heartbreaking tragedy, these businesses will want to pay out the smallest amount possible. Defendants and insurers must be held accountable. You can work with an experienced legal representative before settling a wrongful death lawsuit. An attorney would have the skills and expertise necessary to assist you in determining the true value of your wrongful death claim. Your family needs justice as well as financial assistance. Allow no less than what you are legally entitled to under California law.
Always consult with a Los Angeles Wrongful Death Attorney
Family members will be able to sue for both wrongful death and damages depending on the circumstances. If you lost a loved one in California, you can contact a wrongful death attorney at Ghozland Law Firm to handle your case.